Ola,
Some of you (y13) have gotten in touch to say you are confused as to how to answer the following question, set for homework over the holiday:
Discuss whether the common law governing the offence of murder is satisfactory or is in need of reform by Parliament.
(Do not consider causation issues in answering this question) [50]
Sorry, didn’t mean to confuse you! Anyway, the short answer is that you need to focus on the law on murder and the elements of the definition. consider how they have developed, and their limitations e.g. when has Parliament stepped in to develop or alter the law? Then conclude with reforms. There are some notes below:
Some Guidance for the Murder Question.
The first thing to mention is that it is focused on the extent and limitations of the law. You will need to begin by defining murder.
You then will need to take each element in turn and discuss their development and application in the law. Has it changed? What problems are raised by each of the elements?
- Do they go far enough?
- Why might the courts have had to introduce Homicide Act 1957? What does this reveal about the effectiveness of the common law? This is really looking at reforms.
- Remember to address AR and MR (including the use of different MR – GBH and Murder, and development of the law on oblique intent and the problems that this causes.)
- What reforms have been promoted by the Law Commission and the current changes to the law?
I hope this helps! Let me know if there are any further issues.
Also – the DRAG Test on Attempts is here, for those of you who need it!
Happy Hols,
Miss H
